Texas 2025 - 89th Regular

Texas Senate Bill SB2528 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 89R11031 CJC-D
22 By: Bettencourt S.B. No. 2528
33
44
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the calculation of the petition election tax rate for
1010 certain taxing units and the ability of the voters to petition for
1111 an election to determine whether to reduce the ad valorem tax rate
1212 adopted by those taxing units to the petition election tax rate.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 5.07(f), Tax Code, is amended to read as
1515 follows:
1616 (f) The comptroller shall prescribe tax rate calculation
1717 forms to be used by the designated officer or employee of each
1818 taxing unit to calculate and submit the no-new-revenue tax rate,
1919 [and] the voter-approval tax rate, and, if applicable, the petition
2020 election tax rate for the taxing unit as required by Chapter 26.
2121 SECTION 2. The heading to Section 26.04, Tax Code, is
2222 amended to read as follows:
2323 Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY;
2424 NO-NEW-REVENUE, [AND] VOTER-APPROVAL, AND PETITION ELECTION TAX
2525 RATES.
2626 SECTION 3. Section 26.04, Tax Code, is amended by adding
2727 Subsection (c-1) and amending Subsections (c-2), (d-1), (d-2),
2828 (d-3), (e), (e-5), and (f) to read as follows:
2929 (c-1) This subsection applies only to a taxing unit that is
3030 a hospital district or a junior college district. In addition to
3131 the tax rates an officer or employee designated by the governing
3232 body of a taxing unit to which this section applies is required to
3333 calculate under Subsection (c), the officer or employee shall
3434 calculate the petition election tax rate for the taxing unit
3535 according to the formula prescribed by Section 26.076.
3636 (c-2) Notwithstanding any other provision of this section,
3737 if the assessor for a taxing unit receives a certified estimate of
3838 the taxable value of property in the taxing unit under Section
3939 26.01(a-1), the officer or employee designated by the governing
4040 body of the taxing unit shall calculate the no-new-revenue tax
4141 rate, the [and] voter-approval tax rate, and, if applicable, the
4242 petition election tax rate using the certified estimate of taxable
4343 value.
4444 (d-1) The designated officer or employee shall use the tax
4545 rate calculation forms prescribed by the comptroller under Section
4646 5.07 in calculating the no-new-revenue tax rate, [and] the
4747 voter-approval tax rate, and, if applicable, the petition election
4848 tax rate.
4949 (d-2) The designated officer or employee may not submit the
5050 no-new-revenue tax rate, [and] the voter-approval tax rate, and, if
5151 applicable, the petition election tax rate to the governing body of
5252 the taxing unit and the taxing unit may not adopt a tax rate until
5353 the designated officer or employee certifies on the tax rate
5454 calculation forms that the designated officer or employee has
5555 accurately calculated the tax rates and has used values that are the
5656 same as the values shown in the taxing unit's certified appraisal
5757 roll in performing the calculations.
5858 (d-3) As soon as practicable after the designated officer or
5959 employee calculates the no-new-revenue tax rate, [and] the
6060 voter-approval tax rate, and, if applicable, the petition election
6161 tax rate of the taxing unit, the designated officer or employee
6262 shall submit the tax rate calculation forms used in calculating the
6363 rates to the county assessor-collector for each county in which all
6464 or part of the territory of the taxing unit is located.
6565 (e) By August 7 or as soon thereafter as practicable, the
6666 designated officer or employee shall submit the rates to the
6767 governing body. The designated officer or employee shall post
6868 prominently on the home page of the taxing unit's Internet website
6969 in the form prescribed by the comptroller:
7070 (1) the no-new-revenue tax rate, the voter-approval
7171 tax rate, and, if applicable, the petition election tax rate and an
7272 explanation of how each of those rates was [they were] calculated;
7373 (2) the estimated amount of interest and sinking fund
7474 balances and the estimated amount of maintenance and operation or
7575 general fund balances remaining at the end of the current fiscal
7676 year that are not encumbered with or by corresponding existing debt
7777 obligation; and
7878 (3) a schedule of the taxing unit's debt obligations
7979 showing:
8080 (A) the amount of principal and interest that
8181 will be paid to service the taxing unit's debts in the next year
8282 from property tax revenue, including payments of lawfully incurred
8383 contractual obligations providing security for the payment of the
8484 principal of and interest on bonds and other evidences of
8585 indebtedness issued on behalf of the taxing unit by another
8686 political subdivision and, if the taxing unit is created under
8787 Section 52, Article III, or Section 59, Article XVI, Texas
8888 Constitution, payments on debts that the taxing unit anticipates to
8989 incur in the next calendar year;
9090 (B) the amount by which taxes imposed for debt
9191 are to be increased because of the taxing unit's anticipated
9292 collection rate; and
9393 (C) the total of the amounts listed in Paragraphs
9494 (A)-(B), less any amount collected in excess of the previous year's
9595 anticipated collections certified as provided in Subsection (b).
9696 (e-5) The governing body of a taxing unit shall include as
9797 an appendix to the taxing unit's budget for a fiscal year the tax
9898 rate calculation forms used by the designated officer or employee
9999 of the taxing unit to calculate the no-new-revenue tax rate, [and]
100100 the voter-approval tax rate, and, if applicable, the petition
101101 election tax rate of the taxing unit for the tax year in which the
102102 fiscal year begins.
103103 (f) If as a result of consolidation of taxing units a taxing
104104 unit includes territory that was in two or more taxing units in the
105105 preceding year, the amount of taxes imposed in each in the preceding
106106 year is combined for purposes of calculating the no-new-revenue,
107107 [and] voter-approval, and, if applicable, petition election tax
108108 rates under this section.
109109 SECTION 4. Section 26.041, Tax Code, is amended by adding
110110 Subsections (a-1), (b-1), and (c-1) to read as follows:
111111 (a-1) In this subsection, "sales tax gain rate" has the
112112 meaning assigned by Subsection (a). In the first year in which an
113113 additional sales and use tax is required to be collected, the
114114 petition election tax rate of a taxing unit that is a hospital
115115 district or a junior college district is calculated according to
116116 the following formula:
117117 PETITION ELECTION TAX RATE = (NO-NEW-REVENUE
118118 MAINTENANCE AND OPERATIONS RATE x 1.035) + (CURRENT
119119 DEBT RATE - SALES TAX GAIN RATE)
120120 (b-1) In this subsection, "last year's maintenance and
121121 operations expense" and "sales tax revenue rate" have the meanings
122122 assigned by Subsection (b). Except as provided by Subsections
123123 (a-1) and (c-1), in a year in which a taxing unit that is a hospital
124124 district or a junior college district imposes an additional sales
125125 and use tax, the petition election tax rate for the taxing unit is
126126 calculated according to the following formula, regardless of
127127 whether the taxing unit levied a property tax in the preceding year:
128128 PETITION ELECTION TAX RATE = [(LAST YEAR'S MAINTENANCE
129129 AND OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE
130130 - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - SALES TAX
131131 REVENUE RATE)
132132 (c-1) In this subsection, "last year's maintenance and
133133 operations expense" has the meaning assigned by Subsection (c). In
134134 a year in which a taxing unit that is a hospital district or a junior
135135 college district and that has been imposing an additional sales and
136136 use tax ceases to impose an additional sales and use tax, the
137137 petition election tax rate for the taxing unit is calculated
138138 according to the following formula:
139139 PETITION ELECTION TAX RATE = [(LAST YEAR'S MAINTENANCE
140140 AND OPERATIONS EXPENSE x 1.035) / (CURRENT TOTAL VALUE
141141 - NEW PROPERTY VALUE)] + CURRENT DEBT RATE
142142 SECTION 5. Chapter 26, Tax Code, is amended by adding
143143 Sections 26.064 and 26.076 to read as follows:
144144 Sec. 26.064. ALTERNATE PROVISIONS FOR TAX RATE NOTICE WHEN
145145 ADOPTED RATE EXCEEDS PETITION ELECTION TAX RATE. (a) This section
146146 applies only to a taxing unit:
147147 (1) that is a hospital district or a junior college
148148 district;
149149 (2) that is required to provide notice under Section
150150 26.06(b-2) or 26.061; and
151151 (3) for which the adopted tax rate exceeds the
152152 petition election tax rate.
153153 (b) In the notice required to be provided by the taxing unit
154154 under Section 26.06(b-2) or 26.061, as applicable, the taxing unit
155155 shall:
156156 (1) add the following to the end of the list of rates
157157 included in the notice:
158158 "PETITION ELECTION TAX RATE $__________ per $100";
159159 (2) substitute the following for the definition of
160160 "voter-approval tax rate": "The voter-approval tax rate is the
161161 highest tax rate that (name of taxing unit) may adopt without
162162 holding an election to seek voter approval of the rate, unless the
163163 adopted tax rate for (name of taxing unit) exceeds the petition
164164 election tax rate for (name of taxing unit) and the voters of the
165165 taxing unit petition for an election to reduce the tax rate under
166166 Section 26.076, Tax Code.";
167167 (3) add the following definition of "petition election
168168 tax rate": "The petition election tax rate is the highest tax rate
169169 (name of taxing unit) may adopt before the voters of the taxing unit
170170 may petition for an election to reduce the tax rate under Section
171171 26.076, Tax Code."; and
172172 (4) substitute the following for the provision that
173173 provides notice that an election is not required: "The proposed tax
174174 rate is not greater than the voter-approval tax rate. This means
175175 that (name of taxing unit) is not required to hold an election so
176176 that the voters may accept or reject the proposed tax rate.
177177 However, the proposed tax rate exceeds the rate that allows voters
178178 to petition for an election to reduce the tax rate under Section
179179 26.076, Tax Code. If (name of taxing unit) adopts the proposed tax
180180 rate, the qualified voters of the (name of taxing unit) may petition
181181 the (name of taxing unit) to require an election to be held to
182182 determine whether to reduce the proposed tax rate. If a majority of
183183 the voters reject the proposed tax rate, the tax rate of the (name
184184 of taxing unit) will be the petition election tax rate of the (name
185185 of taxing unit)."
186186 Sec. 26.076. PETITION ELECTION TO REDUCE TAX RATE OF
187187 HOSPITAL DISTRICT OR JUNIOR COLLEGE DISTRICT. (a) In this section,
188188 "petition election tax rate" means a rate expressed in dollars per
189189 $100 of taxable value calculated according to the following
190190 formula:
191191 PETITION ELECTION TAX RATE = (NO-NEW-REVENUE
192192 MAINTENANCE AND OPERATIONS RATE x 1.035) + CURRENT
193193 DEBT RATE
194194 (b) This section applies only:
195195 (1) to a taxing unit that is a hospital district or a
196196 junior college district; and
197197 (2) in a tax year in which a taxing unit to which this
198198 section applies adopts a tax rate that:
199199 (A) exceeds the taxing unit's petition election
200200 tax rate; and
201201 (B) does not exceed the taxing unit's voter
202202 approval tax rate.
203203 (c) The qualified voters of a taxing unit to which this
204204 section applies by petition may require that an election be held to
205205 determine whether to reduce the tax rate adopted by the governing
206206 body of the taxing unit for the current tax year to the petition
207207 election tax rate.
208208 (d) A petition is valid only if the petition:
209209 (1) states that it is intended to require an election
210210 in the taxing unit on the question of reducing the taxing unit's
211211 adopted tax rate for the current tax year;
212212 (2) is signed by a number of registered voters of the
213213 taxing unit equal to at least three percent of the registered voters
214214 of the taxing unit determined according to the most recent list of
215215 those voters; and
216216 (3) is submitted to the governing body of the taxing
217217 unit not later than the 90th day after the date on which the
218218 governing body adopts the tax rate for the current tax year.
219219 (e) Not later than the 20th day after the date on which a
220220 petition is submitted, the governing body shall determine whether
221221 the petition is valid and must by resolution state the governing
222222 body's determination. If the governing body fails to make the
223223 determination in the time and manner required by this subsection,
224224 the petition is considered to be valid for the purposes of this
225225 section.
226226 (f) If the governing body determines that the petition is
227227 valid or fails to make the determination in the time and manner
228228 required by Subsection (e), the governing body shall order that an
229229 election be held in the taxing unit on the next uniform election
230230 date that allows sufficient time to comply with the requirements of
231231 other law.
232232 (g) At the election, the ballots shall be prepared to permit
233233 voting for or against the proposition: "Reducing the tax rate in
234234 (name of taxing unit) for the current year from (insert tax rate
235235 adopted for current year) to (insert petition election tax rate)."
236236 (h) If a majority of the votes cast in the election favor the
237237 proposition, the tax rate for the current tax year is the petition
238238 election tax rate.
239239 (i) If the proposition is not approved as provided by
240240 Subsection (h), the tax rate for the taxing unit for the current tax
241241 year is the tax rate adopted by the governing body of the taxing
242242 unit for the current tax year.
243243 (j) If the tax rate is reduced by an election held under this
244244 section after tax bills for the taxing unit have been mailed, the
245245 assessor for the taxing unit shall prepare and mail corrected tax
246246 bills. The assessor shall include with the bill a brief explanation
247247 of the reason for and effect of the corrected bill. The date on
248248 which the taxes become delinquent for the tax year is extended by a
249249 number of days equal to the number of days between the date the
250250 first tax bills were sent and the date the corrected tax bills were
251251 sent.
252252 (k) If a property owner pays taxes calculated using the
253253 higher tax rate when the tax rate is reduced by an election held
254254 under this section, the taxing unit shall refund the difference
255255 between the amount of taxes paid and the amount due under the
256256 reduced tax rate if the difference between the amount of taxes paid
257257 and the amount due under the reduced tax rate is $1 or more. If the
258258 difference between the amount of taxes paid and the amount due under
259259 the reduced rate is less than $1, the taxing unit shall refund the
260260 difference on request of the taxpayer. An application for a refund
261261 of less than $1 must be made within 90 days after the date the refund
262262 becomes due or the taxpayer forfeits the right to the refund.
263263 SECTION 6. Sections 26.16(a), (d), and (d-1), Tax Code, are
264264 amended to read as follows:
265265 (a) Each county shall maintain an Internet website. The
266266 county assessor-collector for each county shall post on the
267267 Internet website maintained by the county the following information
268268 for the most recent five tax years for each taxing unit all or part
269269 of the territory of which is located in the county:
270270 (1) the adopted tax rate;
271271 (2) the maintenance and operations rate;
272272 (3) the debt rate;
273273 (4) the no-new-revenue tax rate;
274274 (5) the no-new-revenue maintenance and operations
275275 rate; [and]
276276 (6) the voter-approval tax rate; and
277277 (7) if applicable, the petition election tax rate.
278278 (d) The county assessor-collector shall post immediately
279279 below the table prescribed by Subsection (c) the following
280280 statement:
281281 "The county is providing this table of property tax rate
282282 information as a service to the residents of the county. Each
283283 individual taxing unit is responsible for calculating the property
284284 tax rates listed in this table pertaining to that taxing unit and
285285 providing that information to the county.
286286 "The adopted tax rate is the tax rate adopted by the governing
287287 body of a taxing unit.
288288 "The maintenance and operations rate is the component of the
289289 adopted tax rate of a taxing unit that will impose the amount of
290290 taxes needed to fund maintenance and operation expenditures of the
291291 taxing unit for the following year.
292292 "The debt rate is the component of the adopted tax rate of a
293293 taxing unit that will impose the amount of taxes needed to fund the
294294 taxing unit's debt service for the following year.
295295 "The no-new-revenue tax rate is the tax rate that would
296296 generate the same amount of revenue in the current tax year as was
297297 generated by a taxing unit's adopted tax rate in the preceding tax
298298 year from property that is taxable in both the current tax year and
299299 the preceding tax year.
300300 "The no-new-revenue maintenance and operations rate is the
301301 tax rate that would generate the same amount of revenue for
302302 maintenance and operations in the current tax year as was generated
303303 by a taxing unit's maintenance and operations rate in the preceding
304304 tax year from property that is taxable in both the current tax year
305305 and the preceding tax year.
306306 "The voter-approval tax rate is the highest tax rate a taxing
307307 unit may adopt before requiring voter approval at an election. An
308308 election will automatically be held if a taxing unit wishes to adopt
309309 a tax rate in excess of the taxing unit's voter-approval tax rate.
310310 "The petition election tax rate is the highest tax rate a
311311 taxing unit that is a hospital district or a junior college district
312312 may adopt before the voters of the taxing unit may petition for an
313313 election to reduce the tax rate under Section 26.076, Tax Code."
314314 (d-1) In addition to posting the information described by
315315 Subsection (a), the county assessor-collector shall post on the
316316 Internet website of the county for each taxing unit all or part of
317317 the territory of which is located in the county:
318318 (1) the tax rate calculation forms used by the
319319 designated officer or employee of each taxing unit to calculate the
320320 no-new-revenue and voter-approval tax rates of the taxing unit for
321321 the most recent five tax years beginning with the 2020 tax year and,
322322 if applicable, the forms used to calculate the petition election
323323 tax rates of the taxing unit for the most recent five tax years
324324 beginning with the 2026 tax year, as certified by the designated
325325 officer or employee under Section 26.04(d-2); and
326326 (2) the name and official contact information for each
327327 member of the governing body of the taxing unit.
328328 SECTION 7. Sections 26.17(b) and (e), Tax Code, are amended
329329 to read as follows:
330330 (b) The database must include, with respect to each property
331331 listed on the appraisal roll for the appraisal district:
332332 (1) the property's identification number;
333333 (2) the property's market value;
334334 (3) the property's taxable value;
335335 (4) the name of each taxing unit in which the property
336336 is located;
337337 (5) for each taxing unit other than a school district
338338 in which the property is located:
339339 (A) the no-new-revenue tax rate; [and]
340340 (B) the voter-approval tax rate; and
341341 (C) if applicable, the petition election tax
342342 rate;
343343 (6) for each school district in which the property is
344344 located:
345345 (A) the tax rate that would maintain the same
346346 amount of state and local revenue per student that the district
347347 received in the school year beginning in the preceding tax year; and
348348 (B) the voter-approval tax rate;
349349 (7) the tax rate proposed by the governing body of each
350350 taxing unit in which the property is located;
351351 (8) for each taxing unit other than a school district
352352 in which the property is located, the taxes that would be imposed on
353353 the property if the taxing unit adopted a tax rate equal to:
354354 (A) the no-new-revenue tax rate; and
355355 (B) the proposed tax rate;
356356 (9) for each school district in which the property is
357357 located, the taxes that would be imposed on the property if the
358358 district adopted a tax rate equal to:
359359 (A) the tax rate that would maintain the same
360360 amount of state and local revenue per student that the district
361361 received in the school year beginning in the preceding tax year; and
362362 (B) the proposed tax rate;
363363 (10) for each taxing unit other than a school district
364364 in which the property is located, the difference between the amount
365365 calculated under Subdivision (8)(A) and the amount calculated under
366366 Subdivision (8)(B);
367367 (11) for each school district in which the property is
368368 located, the difference between the amount calculated under
369369 Subdivision (9)(A) and the amount calculated under Subdivision
370370 (9)(B);
371371 (12) the date, time, and location of the public
372372 hearing, if applicable, on the proposed tax rate to be held by the
373373 governing body of each taxing unit in which the property is located;
374374 (13) the date, time, and location of the public
375375 meeting, if applicable, at which the tax rate will be adopted to be
376376 held by the governing body of each taxing unit in which the property
377377 is located; and
378378 (14) for each taxing unit in which the property is
379379 located, an e-mail address at which the taxing unit is capable of
380380 receiving written comments regarding the proposed tax rate of the
381381 taxing unit.
382382 (e) The officer or employee designated by the governing body
383383 of each taxing unit in which the property is located to calculate
384384 the no-new-revenue tax rate, [and] the voter-approval tax rate,
385385 and, if applicable, the petition election tax rate for the taxing
386386 unit must electronically incorporate into the database:
387387 (1) the information described by Subsections (b)(5),
388388 (6), (7), (12), and (13), as applicable, as the information becomes
389389 available; and
390390 (2) the tax rate calculation forms prepared under
391391 Section 26.04(d-1) at the same time the designated officer or
392392 employee submits the tax rates to the governing body of the taxing
393393 unit under Section 26.04(e).
394394 SECTION 8. Section 31.12(b), Tax Code, is amended to read as
395395 follows:
396396 (b) For purposes of this section, liability for a refund
397397 arises:
398398 (1) if the refund is required by Section 11.431(b), on
399399 the date the chief appraiser notifies the collector for the taxing
400400 unit of the approval of the late homestead exemption;
401401 (2) if the refund is required by Section 26.07(g),
402402 [or] 26.075(k), or 26.076(k), on the date the results of the
403403 election to approve or reduce the tax rate, as applicable, are
404404 certified;
405405 (3) if the refund is required by Section 26.15(f):
406406 (A) for a correction to the tax roll made under
407407 Section 26.15(b), on the date the change in the tax roll is
408408 certified to the assessor for the taxing unit under Section 25.25;
409409 or
410410 (B) for a correction to the tax roll made under
411411 Section 26.15(c), on the date the change in the tax roll is ordered
412412 by the governing body of the taxing unit;
413413 (4) if the refund is required by Section 31.11, on the
414414 date the auditor for the taxing unit determines that the payment was
415415 erroneous or excessive or, if the amount of the refund exceeds the
416416 applicable amount specified by Section 31.11(a), on the date the
417417 governing body of the taxing unit approves the refund;
418418 (5) if the refund is required by Section 31.111, on the
419419 date the collector for the taxing unit determines that the payment
420420 was erroneous; or
421421 (6) if the refund is required by Section 31.112, on the
422422 date required by Section 31.112(d) or (e), as applicable.
423423 SECTION 9. Section 33.08(b), Tax Code, is amended to read as
424424 follows:
425425 (b) The governing body of the taxing unit or appraisal
426426 district, in the manner required by law for official action, may
427427 provide that taxes that become delinquent on or after June 1 under
428428 Section 26.075(j), 26.076(j), 26.15(e), 31.03, 31.031, 31.032,
429429 31.033, 31.04, or 42.42 incur an additional penalty to defray costs
430430 of collection. The amount of the penalty may not exceed the amount
431431 of the compensation specified in the applicable contract with an
432432 attorney under Section 6.30 to be paid in connection with the
433433 collection of the delinquent taxes.
434434 SECTION 10. Section 281.107(j), Health and Safety Code, is
435435 amended to read as follows:
436436 (j) The portion of the rate of ad valorem tax that is to be
437437 levied and assessed each year by or for the district that is
438438 allocated by the district to the payment of the principal of and the
439439 interest on bonds and other obligations or the maintenance of
440440 reserves therefor in accordance with this section shall be applied
441441 as a payment on current debt in calculating the current debt rate
442442 under the applicable voter-approval tax rate and petition election
443443 tax rate provisions of Chapter 26, Tax Code.
444444 SECTION 11. Sections 281.124(d) and (e), Health and Safety
445445 Code, are amended to read as follows:
446446 (d) If a majority of the votes cast in the election favor the
447447 proposition, the tax rate for the specified tax year is the rate
448448 approved by the voters, and that rate is not subject to Section
449449 26.07 or 26.076, Tax Code. The board shall adopt the tax rate as
450450 provided by Chapter 26, Tax Code.
451451 (e) If the proposition is not approved as provided by
452452 Subsection (d), the board may not adopt a tax rate for the district
453453 for the specified tax year that exceeds the rate that was not
454454 approved, and:
455455 (1) Section 26.07, Tax Code, applies to the adopted
456456 rate if that rate exceeds the district's voter-approval tax rate;
457457 and
458458 (2) Section 26.076, Tax Code, applies to the adopted
459459 tax rate if that rate exceeds the district's petition election tax
460460 rate.
461461 SECTION 12. This Act applies only to an ad valorem tax year
462462 that begins on or after the effective date of this Act.
463463 SECTION 13. This Act takes effect January 1, 2026.